People v. Holloway

587 N.E.2d 1027, 225 Ill. App. 3d 47, 167 Ill. Dec. 412, 1991 Ill. App. LEXIS 1254
CourtAppellate Court of Illinois
DecidedJuly 24, 1991
Docket1- 88-2971, 1-88-2995 cons.
StatusPublished
Cited by9 cases

This text of 587 N.E.2d 1027 (People v. Holloway) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Holloway, 587 N.E.2d 1027, 225 Ill. App. 3d 47, 167 Ill. Dec. 412, 1991 Ill. App. LEXIS 1254 (Ill. Ct. App. 1991).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Defendants Dwain Holloway and Ronald Rolark were convicted of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—2) in a bench trial. Holloway was sentenced to 14 years’ imprisonment, and Rolark was sentenced to eight years. On appeal, Holloway argues that (1) he was not proven guilty beyond a reasonable doubt where no gun was recovered and testimony indicating that he used a gun was incredible, impeached, contradicted, and should have been disregarded; (2) he was denied a fair trial where evidence was introduced of a prior incident involving what appeared to be a gun; and (3) the admission of incriminating hearsay testimony by Rolark that Holloway had a gun violated Holloway’s sixth amendment right to confront witnesses against him. Rolark argues that the State failed to prove beyond a reasonable doubt that he had the specific intent to assist in the crime committed by Holloway. We affirm.

At approximately 8 p.m. on January 5, 1987, defendants entered TNT Subs and Gyros Restaurant located at 8637 South Ashland Avenue, Chicago, Illinois. Holloway began yelling for some food. The cashier told him that he would have to wait in line. Defendants spoke briefly to each other and then Holloway again began to demand food. The cashier again told Holloway that he was going to have to wait in line. Holloway pulled out a gun and pointed it at the cashier. The cashier ran away from the register, and Holloway approached the register.

Timothy Koutsis was working as a cook at TNT Subs and Gyros Restaurant. He observed the disturbance and grabbed a shotgun which was located on the back counter, pointed it at Holloway and Rolark, and told Holloway to put the gun down or that he would shoot him. Rolark pleaded with Mr. Koutsis not to shoot them and pulled Holloway towards the front door, where they exited and ran away together in the same direction.

About 30 minutes later, defendants entered the Burger King Restaurant (Burger King) at 1818 West 87th Street, Chicago, Illinois, which is located approximately four blocks west of TNT Subs and Gyros Restaurant. Yvette Burbridge was the manager on duty at that time, and Clarence Wilkerson and Linda Jones were working behind the counter serving food. At that time, there were no customers in the restaurant.

Rolark asked Ms. Burbridge where the men’s room was located. After being told where it was, Rolark pushed open the door to the employees’ room. Ms. Burbridge told Rolark that he could not go into the employees’ room. Rolark then went into the men’s room. Upon exiting the men’s room, Holloway asked Rolark what he wanted to eat. Rolark told Holloway to get him anything, and Holloway went up to the front counter presumably to order some food. Rolark sat down with Ms. Burbridge’s sister and her friend at a table and began to engage with them in “some kind of wild conversation.”

Holloway placed an order for a cheeseburger with Linda Jones. Ms. Jones went to the back kitchen to wash dishes, and Clarence Wilkerson began to prepare the food. While preparing the food, Mr. Wilkerson observed Holloway step towards the end of the counter and intermittently look into the dining area where Rolark was talking to Ms. Burbridge, her sister and their friend. Mr. Wilkerson then carried the food out to the front counter, where he called out Holloway’s order.

At this point, Mr. Wilkerson observed Holloway engaging in strange behavior, including repeating “Cheeseburger. Cheeseburger” and “Ninety-eight cents. Ninety-eight cents,” and called Ms. Jones to the front counter to observe Holloway’s behavior. Before Ms. Jones arrived at the front counter, Holloway jumped over the counter and placed a gun to the side of Mr. Wilkerson’s head and demanded that he open the cash register. At that point, Ms. Burbridge saw Holloway on the employees’ side of the counter holding a gun. She ran into the employees’ room and called the police.

When the register was opened, Holloway removed approximately $60, and hopped back over the counter and ran outside. Holloway dashed around to the side of the restaurant and started banging wildly on the window in order to get Rolark’s attention. The window shattered, and Holloway sprinted away down a nearby alley. Rolark then proceeded up to the front counter and asked for the food. Rolark took the food and walked out the front door.

As Rolark was walking away through Burger King parking lot, the police arrived on the scene and were informed by Burger King employees that Rolark was one of the two offenders. The police immediately arrested Rolark. Holloway was observed a short distance away by police. When Holloway spotted the police car, he ran down an alley, hopped over a fence, and ran into a basement stairwell. The police ordered Holloway to exit the stairwell and placed him under arrest. The police recovered $55 in currency and approximately $6 in coins. A gun was not recovered either on Holloway’s person or at the scene.

Holloway first contends that he was not proven guilty beyond a reasonable doubt where no gun was recovered and testimony indicating that he used a gun was incredible, impeached, contradicted, and should have been disregarded. We disagree.

The reviewing court must determine, after viewing the evidence in a light most favorable to the prosecution, whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Young (1989), 128 Ill. 2d 1, 48-49, 538 N.E.2d 461, 472, citing Jackson v. Virginia (1979), 443 U.S. 307, 61 L. Ed. 2d 560, 99 S. Ct. 2781.) On review, the trial court’s judgment will not be set aside unless the proof is so unsatisfactory, improbable or implausible as to justify a reasonable doubt as to the defendant’s guilt. People v. Slim (1989), 127 Ill. 2d 302, 307, 537 N.E.2d 317, 319.

Holloway argues that he used a plastic gun during the incident at the TNT Subs and Gyros Restaurant and denies using a gun at all during the robbery of Burger King. Holloway claims that Mr. Wilkerson’s testimony is unreliable because Mr. Wilkerson could not remember what hand Holloway held the gun in and was unclear from where Holloway pulled the gun. Additionally, Holloway asserts that Mr. Wilkerson’s testimony and Mr. Koutsis’ testimony are inconsistent because Mr. Wilkerson testified that the .45 caliber pistol was brown and Mr. Koutsis testified that the .45 caliber pistol was black. Finally, Holloway argues that because no gun was recovered, the State did not prove beyond a reasonable doubt that Holloway used a gun while committing the robbery.

A careful review of the record in a light most favorable to the prosecution demonstrates that a rational trier of fact could have found Holloway guilty of armed robbery beyond a reasonable doubt. There is nothing unsatisfactory, improbable or implausible about the evidence presented in this trial. The State presented the clear and consistent testimony of Mr. Wilkerson, which was corroborated by two other witnesses who testified that they saw Holloway with a gun. Mr. Wilkerson testified that Holloway placed what he described as a brown .45 caliber pistol to the right side of his head and told him that he better figure how to get the money out of the cash register. Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 1027, 225 Ill. App. 3d 47, 167 Ill. Dec. 412, 1991 Ill. App. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holloway-illappct-1991.